Wikiversity Law Reports/Perpetual Executors and Trustees v Russell

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Perpetual Executors & Trustees Association of Australia Ltd v Russell
[1931] HCA 7; (1931) 45 CLR 146

Summary

Equity does not simply nullify the Statute of Frauds.

High Court of Australia
     on appeal from the Supreme Court of Victoria

Facts

  • X leased land to D and granted D an option to buy the land, which D exercised. However, there was nothing in writing to satisfy the Statute of Frauds.
  • X died. X's executor sued for a declaration that the land, never having being validly transferred to D, belonged to X's estate.

Held

  • The Statute of Frauds prohibits a defendant from relying on a non-complying agreement as a defence. (That is, just because you are a defendant rather than a plaintiff does not mean you are not trying to 'enforce' the agreement as prohibited by the Statute.)
  • The mere existence of an agreement that does not comply with the Statute of Frauds does not by itself confer a right to specific performance of that agreement.

Notes